(A) By formal resolution. After completion by the village or the ICRC of its review of the cable operator's proposed rates, the Village Council shall adopt its decision by formal resolution. The decision shall include one of the following:
(1) If the proposal is within the FCC's reasonable rate standard or is justified by a cost-of-service analysis, the Village Council shall approve the initial basic cable rates proposed by the cable operator; or
(2) If the proposal is not within the FCC's reasonable rate standard and the cost-of-service analysis, if any, does not justify the proposed rates, the Village Council shall establish initial basic cable rates that are within the FCC's reasonable rate standard or that are justified by a cost-of-service analysis.
(B) Rollbacks and refunds. If the Village Council determines that the initial basic cable rates submitted exceed the reasonable rate standard or that the cable operators cost-of-service showing justifies lower rates, the Village Council may order the rates reduced in accordance with §§ 111.19 or 111.20 of this chapter, as applicable. In addition, the Village Council may order the cable operator to pay to subscribers, refunds of the excessive portion of the rates with interest (computed at applicable rates published by the Internal Revenue Service for tax refunds and additional tax payments), retroactive to September 1, 1993. The method for paying any refund and the interest rate will be in accordance with FCC regulation as directed in the Village Council's decision resolution.
(C) Statement of reason for decision and public notice. If rates proposed by a cable operator are disapproved in whole or in part, or if there were objections made by other parties to the proposed rates, the resolution must state the reasons for the decision and the Village Council must give public notice of its decision. Public notice will be given by advertisement once in the official newspaper of the village.
(Ord. 1994-16, passed 2-7-94)